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1992 Supreme(All) 77

S.N.SAHAI, D.K.TRIVEDI
KAILASH NATH SINGH YADAV – Appellant
Versus
SPEAKER, VIDHAN SABHA, LUCKNOW – Respondent


Advocates Appeared:
R.N.TRIVEDI

S. N. SAHAY, J.

( 1 ) THIS is a petition under Art. 226 of the Constitution for a writ of certiorari to quash the order dated 6/12/1991 passed by respondent No. 1 as contained in Annexure-14.

( 2 ) THE facts of the case, which have been set out in the writ petition, may be briefly stated as follows. The petitioner was elected to the U. P. Legislative Assembly in the elections held in May/june, 1991. The petitioner had contested on the Janta Dal ticket. The Janta Dal is a National Party, recognized by the Chief Election Commissioner. In the Legislative Assembly the Janta Dal having 92 members emerged as the largest opposition party. The petitioner was elected as the Leader of Janta Dal Legislative Party in the Legislative Assembly on 25/06/1991. He was recognised as Leader of opposition by respondent No. 1, who is Speaker of the Legislative Assembly. On 25/11/1991 a letter was sent by 51 members of the Janta Dal Legislature Party in the Legislative Assembly to respondent No. 1 intimating that they have unanimously decided to remove the petitioner from the post of Leader of their party and as such the petitioner should not be recognized as Leader of the Janta Dal Legislature Party. T





























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